The prospect of a vertical split in the Shiv Sena looks strong with three more MLAs heading to Assam to join the rebel camp led by Maharashtra minister Eknath Shinde, who has so far vouched for the support of over 40 MLAs and some independents. has claimed.
Protesting against the Thackeray family, Shinde has also given a letter to the Deputy Speaker of the Maharashtra Legislative Assembly, which has been signed by 35 Shiv Sena MLAs. Shiv Sena Legislature Party.
Chief Minister stunned by the flag of rebellion Uddhav Thackeray He vacated his official residence on Wednesday night, hours after Shiv Sena approached dissidents with an emotional appeal and offered to step down. But Shinde is adamant that the party should exit the “unnatural” alliance with the Congress and the NCP, a demand that Thackeray did not respond favorably to.
Eknath Shinde It is being said that the camp is now preparing to claim the ‘bow and arrow’ symbol of Shiv Sena. Sources told News18 on Thursday that this faction is claiming the support of 41 MLAs for demanding the use of the party’s election symbol.
News18.com takes a look at how the struggle for Shiv Sena’s name and election symbol could go on:
Emblem Order of 1968
Election The Symbols (Reservation and Allotment) Order, 1968, deals with the power of the election body to identify parties and allot election symbols. If the warring factions belong to a registered and recognized political party, Article 15 of the order states that the Election Commission may decide either in favor of the faction or not in favor of either.
“When the Commission is satisfied that a recognized political party has a rival class or group, each of which claims to be that party, the Commission shall, having regard to all available facts and circumstances of the case and hearing (their) representatives … and other persons who wish to be heard decide that one such rival class or group or any such rival class or group is not a recognized political party and the Commission may decide that all such rival classes or groups or binding on the groups.
The first matter decided under the 1968 order was the split in the Congress the following year over the choice of Indira Gandhi’s candidate for the presidential election. The anti-Indira faction known as the Syndicate proposed the candidature of Neelam Sanjiva Reddy, while Prime Minister Indira Gandhi defied the whip issued by party president Nijalingappa urging Vice President VV Giri to contest as an independent.
Giri won and Indira Gandhi was expelled from the party, splitting the Congress into Nijalingappa-led Congress (O) and Indira Gandhi-led Congress (J). The former retained the party’s then symbol which was a pair of oxen carrying a yoke and the latter was given the symbol of a cow with its calf.
Parameters for the decision of the Election Commission
In the event of a dispute, the Election Commission primarily assesses the support of each faction within both the party’s organization and its legislature wing.
It identifies the top committees and decision-making bodies within the political party and proceeds to find out how many of its members or office bearers have returned to which faction. It then counts the number of MPs and MLAs in each camp.
In most recent cases, the election body has gone by the choice of party office-bearers and elected representatives. If for some reason it cannot determine the amount of support within the organisation, it is entirely up to the party’s majority of MPs and MLAs.
The split of the AIADMK after MG Ramachandran’s death in 1987 stunned the Election Commission only once. MGR’s wife Janaki had the support of most of the party’s MLAs and MPs, but her disciple J Jayalalithaa was heavily supported by party members and cadres. When the warring factions came to an agreement, the Election Commission was spared from taking the decision.
Choice before the Election Commission
The Election Commission may find favor with any one faction after determining the support for it in the organization and the legislative wing. This may allow the second factor to register itself as a new political party with a different symbol.
If the Election Commission is unable to determine a winning faction, it can freeze the party’s election symbol and ask the warring groups to register with new names and symbols.
Since the process of determining a winner can be time-consuming, the Election Commission may freeze the party’s symbol and ask the factions to choose a temporary symbol in case the election is near.
In any of these cases, if the factions decide to unite in the future and withdraw the original emblem, the Election Commission has the right to rule on the merger and may decide to restore the emblem to the unified party.
Recent controversy over party symbols
Lok Janshakti Party: In October last year, the Election Commission barred the Chirag Paswan and Pashupati Kumar Paras factions from using the name of Lok Janshakti Party or its symbol ‘Bungalow’ until the dispute between rival groups is settled by the election panel. go.
Since the by-elections to the Kusheshwar Asthan and Tarapur assembly seats in Bihar were due on October 30, the election body allowed the Chirag Paswan faction to campaign and contest the elections under the name of ‘Lok Janshakti Party (Ramvilas)’ with ‘helicopter’. Gave. , It allotted the Paras camp the name ‘Rashtriya Lok Janshakti Party’ and the symbol ‘Sewing Machine’.
AIADMK: Two factions led by O Panneerselvam and VK Sasikala had staked claim to the AIADMK’s ‘two leaves’ election symbol, following which the Election Commission sealed it in March 2017. Later, Chief Minister Edappadi Palaniswami’s camp revolted against Sasikala, who was jailed for corruption. The case, to merge with the Ops faction.
Prominent, integrated in both the organization and the legislature wing ops-eps The group won the election symbol in November 2017. The irony is that the party is currently facing similar differences between the two leaders.
Samajwadi Party: The then ruling party of Uttar Pradesh saw a bitter split in 2017 when Akhilesh Yadav snatched control from father Mulayam Singh Yadav. The election of Akhilesh as the party’s national president split the Yadav dynasty into two.
Mulayam approached the Election Commission and said that he would continue to be the party president and the symbol should remain with his faction. This was opposed by the Akhilesh camp, which had filed affidavits by various party office-bearers, MPs, MLAs and district heads, claiming that the majority was with the then CM.
The Election Commission heard both the sides under the symbol order. During the hearing that lasted for about five hours, the Akhilesh camp claimed to have a majority of MPs, MLAs, MLCs and representatives. On the other hand, the Mulayam faction maintained that there is no dispute in the party.
On January 16, the Election Commission had given the election symbol of cycle to the faction led by Akhilesh Yadav.
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